File: Banks.391.GALLEY(e).doc Created on: 4/15/2010 12:41:00 PM Last Printed: 4/19/2010 2:18:00 PM TROUBLED WATERS: MID-TWENTIETH CENTURY AMERICAN SOCIETY ON “TRIAL” IN THE FILMS OF JOHN WATERS Taunya Lovell Banks∗ I. INTRODUCTION Iconoclast filmmaker John Waters grew up in racially segre- gated Baltimore, Maryland during the stifling conformity of the 1950s and early 1960s.1 Waters, now an openly gay man,2 came of age as a filmmaker in the late sixties.3 As a young man, he lived in a closed society where racial mixing4 and homosexual sodomy were illegal.5 Furthermore, the emerging American youth coun- tercultures—the hippies, anti-war and student movements in the 1960s6—greatly influenced his work. The social and political un- rest during this decade often resulted in confrontations with the ∗ © 2009, Taunya Lovell Banks. All rights reserved. Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law. The Author thanks the journal editors for their assistance with this Article. 1. Robrt L. Pela, Filthy: The Weird World of John Waters 1 (Alyson Publications 2002); see generally Barbara Mills, Got My Mind Set on Freedom: Maryland’s Story of Black and White Activism 1663–2000 (Heritage Books, Inc. 2002) (explaining Maryland’s history of segregation). 2. Although not a gay activist, in the early 1970s Waters acknowledged that “a gay sensibility influenced and shaped his films.” Pela, supra n. 1, at 97. 3. Id. at 48. 4. See generally e.g. McLaughlin v. Fla., 379 U.S. 184 (1964) (striking down a state statute authorizing more severe penalties for interracial cohabitation and adultery); Naim v. Naim, 350 U.S. 985 (1956) (avoiding a decision addressing validity of Virginia’s anti- miscegenation law); Harvey M. Applebaum, Miscegenation Statutes: A Constitutional and Social Problem, 53 Geo. L.J. 49 (1964) (discussing the history of miscegenation laws and their constitutionality); Susan J. Grossman, A Child of a Different Color: Race as a Factor in Adoption and Custody Proceedings, 17 Buff. L. Rev. 303 (1968) (discussing state laws barring interracial adoptions). 5. See e.g. Bowers v. Hardwick, 478 U.S. 186, 189 (1986) (upholding the constitution- ality of a Georgia law prohibiting homosexual sodomy), overruled, Lawrence v. Tex., 539 U.S. 558 (2003). 6. See generally Pela, supra n. 1 (explaining how Waters was influenced during his youth). File: Banks.391.GALLEY(e).doc Created on: 4/15/2010 12:41:00 PM Last Printed: 4/19/2010 2:18:00 PM 154 Stetson Law Review [Vol. 39 authorities.7 Participants in these social movements used the me- dia, especially television, to exploit their arrests and gain support for their causes prior to and during trial.8 It is unsurprising, given this environment, that John Waters loves trials.9 During his early filmmaking years he observed sev- eral high-profile court cases across the country until fans and the press began to recognize him.10 Waters finds “trials . the most entertaining of all American spectacles . better than the thea- ter, and except for a few special cases, much more thrilling than the movies.”11 In his formative years, as an outsider, filmmaker Waters used illegality and deviance to depict a fanciful world steeped in its own morality at direct odds with the popular cul- ture and mores of the time.12 To “shock” his audiences he used “sexual deviants,” transvestites, and fetishists who engaged in sexual and criminal behavior deemed beyond the pale by even the most adventuresome movie-going audiences.13 In this Article, I argue that what makes many of these early films so subversive is Waters’ use of the “white trash”14 body—people marginalized by and excluded from conventional white America—as countercul- tural heroes. He used the “white trash” body as a surrogate for talk about race and sexuality in the early 1960s. 7. See e.g. Wikipedia, Students for a Democratic Society (1960 Organization), http://en.wikipedia.org/wiki/Students_for_a_Democratic_Society_(1960_organization) (ac- cessed Mar. 28, 2010) (examining how the student protest movement spread across Amer- ica and clashed with law enforcement in the 1960s). 8. See e.g. Brian Donovan, Trial of Harrisburg 7 Arouses Mainly Apathy, The Spokesman-Review (Spokane, Wash.) 5 (Mar. 19, 1972) (available at http://news.google .com/newspapers?nid=1314&dat=19720319&id=8MQRAAAAIBAJ&sjid=LO0DAAAAIBAJ &pg=7224,2039908) (reporting that the defendants in the popular “Harrisburg 7” trial “planned to use the attention [of the news media] to make the country understand the beliefs that had brought them to the courtroom”). 9. Ken Plume, Fred, Interview: John Waters, http://www.asitecalledfred.com/2008/07/ 01/interview-john-waters/ (July 1, 2008) (accessed Mar. 28, 2010). 10. Id. 11. John Waters, Shock Value: A Tasteful Book about Bad Taste 114 (Thunder’s Mouth Press 2005); see id. (stating that “the lowest court . was reality TV before there was such a thing”). 12. See Pela, supra n. 1 at 18–35 (describing a scene in Water’s first film, Hag in a Black Leather Jacket, in which a Ku Klux Klan member presides over an interracial mar- riage). 13. See generally Pela, supra n. 1 (describing the seditious characters Waters used to shock his audience); Waters, supra n. 11 (detailing the plots and characters in Water’s movies). 14. The editors recognize the racially charged overtones this term carries; however, it is impossible to navigate the work of John Waters without invoking such language. File: Banks.391.GALLEY(e).doc Created on: 4/15/2010 12:41:00 PM Last Printed: 4/19/2010 2:18:00 PM 2009] Troubled Waters 155 Today Waters, once an “anti-establishment voice . has be- come an institution.”15 But he remains slyly subversive, even in his later, more commercial films, like Hairspray16 and Serial Mom.17 His humorous and often shocking social commentaries condemn societal rules and laws that make his characters—and many viewers—feel like outsiders.18 I argue that in many ways Waters’ critiques of mid-twentieth century American culture re- flect the societal changes that occurred in the last forty years of that century. These societal changes resulted from the civil rights, gay pride, student, anti-war, and women’s movements, all of which used social protest and the legal process as vehicles for so- cial change.19 Murder trials, in particular, are prone to becoming media cir- cuses because the public “want[s] to be part of the drama.”20 Tri- als have always had an entertainment component. During the colonial era the governing elites used public trials as “overt dra- mas” designed to impart moral codes to youth and reinforce these codes to “the lower orders.”21 Public execution served a similar role until it devolved into entertainment, rather than a moral les- 15. Daniel Mudie Cunningham, Senses of Cinema, John Waters, “Good Bad Taste,” http://archive.sensesofcinema.com/contents/directors/03/waters.html (accessed Oct. 14, 2009). Waters’ status as an outsider was modified somewhat after the success of the Broadway musical, Hairspray, based on his 1988 film of the same name. Id. 16. Hairspray (New Line Cinema 1988) (motion picture). The 1988 film Hairspray, a moderate success, later became a cult classic and was adapted into a Tony Award-winning Broadway musical in 2003. It garnered such a following that Director Adam Shankman released a 2007 version, featuring John Travolta, Michelle Pfeiffer, Queen Latifah, Zac Efron, and Amanda Bynes. A.O. Scott, Hairspray (2007), http://movies.nytimes.com/2007/ 07/19/movies/19hair.html (accessed Oct. 7, 2009). 17. Serial Mom (Polar Entertainment Corp. 1994) (motion picture). 18. Pela, supra n. 1, at 105–110. 19. Mills, supra n. 1, at 145; see e.g. Brown v. Bd. of Ed., 347 U.S. 483 (1954) (outlaw- ing racial segregation in public schools); Reed v. Reed, 404 U.S. 71 (1971) (striking down a state law preferring males over females as administrators of estates). 20. Waters, supra n. 11, at 125. 21. Lawrence M. Friedman, Lexitainment: Legal Process as Theater, 50 DePaul L. Rev. 539, 541 (2000). File: Banks.391.GALLEY(e).doc Created on: 4/15/2010 12:41:00 PM Last Printed: 4/19/2010 2:18:00 PM 156 Stetson Law Review [Vol. 39 son, and was removed from public view.22 Trials, however, re- mained largely public arenas.23 Today, trials, especially criminal trials, remain venues de- signed to “enforce[ ] and publicize[ ] a code of norms. [They] dramatize[ ] law and morality.”24 During the colonial period, communities were small, so there was no need for an external actor, like the news media, to mediate or interpret the trial proc- ess for the public.25 But things changed as towns and cities grew larger. Increasingly, the media—press, radio, television, film, and the Internet—turned both high-profile trials and certain types of criminality into entertainment.26 Many years earlier, the re- nowned jurist Learned Hand speaking at the memorial services for another well-known jurist, U.S. Supreme Court Justice Louis Brandeis, remarked, “The hand that rules the press, the radio, the screen and the far-spread magazine, rules the country.”27 In other words, the media has the power to present counter- narratives about law, trials, and criminality. In many ways, John Waters uses his films as counter-narratives of mid-twentieth cen- tury mores and as critiques of the increasingly disruptive effect of media forces in glamorizing criminality. In films like Pink Fla- mingos,28 Female Trouble,29 Hairspray,30 Crybaby,31 and Serial Mom,32 Waters puts the American society of the late 1950s, early 1960s, and the media on trial.